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在经济下行的时候,原来一些质地不错的企业也会陷入困境。对于困境企业而言,通过破产重整焕发生机,也许是最后一根救命稻草;对于投资人而言,未来真正的赚钱机会,也将出现在更多、更复杂的破产重整项目中。今天,我想跟大家谈谈破产重整投资的趋势、挑战与未来。

一、重整投资的趋势

首先,我们来谈谈重整投资已经展现出的四个变化趋势。

第一个趋势,是从被动投资到主动投资。

什么是被动投资?以往一些破产项目中的重整投资人,往往本身就是破产企业的债权人,他们随着陷入危机的破产企业一起被困在了“水中”,不得不通过参与重整投资寻求最后的“上岸”机会,比较典型的就是一些作为困境企业债权人的AMC公司。

什么是主动投资?这几年里,逐渐有一些“岸上的人”也瞄准了重整投资领域。“岸上的人”,是与困境企业没有关系的外部投资人,他们没有受到困境企业的牵连,而是将重整投资视作一个宝贵的商业机会,主动参与其中。这样的“岸上投资人”,既包括产业投资人,也包括财务投资人。

On 26 June 2020, the Corporate Insolvency and Governance Act[1] (the Act) came into force.

The Act has significant implications for supply contracts as it will prevent many suppliers ending existing contracts once a business is insolvent. The Act will make a big impact on existing supply contracts, and will also affect the drafting and negotiation of new contracts.

The COVID-19 crisis is already showing signs of pushing the UK economy into recession, has undoubtedly impacted the M&A market in the UK and increased the likelihood of businesses entering into insolvency proceedings. However, history tells us that shocks to the market do give rise to opportunities it's a question of knowing where they are and being prepared.

The Government continues to develop its response to the COVID-19 pandemic. In this Insight we examine the weekend's announcement from the Business Secretary that provides some welcome good news for directors.

Healthcare workers are on the frontline of fighting COVID-19, but directors of companies have an equally important task, that of keeping the wheels turning and helping minimise the damage to the economy and the livelihoods of their employees, and keeping otherwise viable businesses intact for when the crisis passes.

How should directors respond to the fast-moving situation and the challenges posed by assessing and dealing with the impact on the business?

Beauty Brands, LLC, along with two subsidiaries and affiliates, has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 19-10031).

Angel Medical Systems, Inc., a developer of medical devices based in Eatontown, NJ, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-12903).

Alcor Energy, LLC filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-12839).

White Eagle Asset Portfolio, LP, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-12808).

Checkout Holding Corp. (dba Catalina Marketing), along with ten affiliates and subsidiaries, has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-12794).